FREE Legal Aid in Malaysia

From time to time I received phone calls from friends or friends’ friends seeking for free legal advice. Of course, being a friendly and helpful man I am, I always feel more than happy to help them.

At the end of a long conversation, sometimes I just feel that what I can help is really so little, I can only help them in “theory” but not in “practical”. I can only give them my 2 cents thought but I cannot represent them.

What make me even frustrated was that when I found out that they had a good case and encouraged them to engage a lawyer to represent them in that matter, the next question they will definitely asked was, how much will the legal fees be? When I told them the estimated legal fees, most of their replies were “Wah! SO expensive ah?!!!” (For your information, Malaysian average legal fees is actually one of the lowest in the region).

When I know they have not enough mean to engage a lawyer, the next thing I will suggest to them is to turn to the Legal Aid Center to obtain free legal advice and representative. Surprisingly 80% of them never heard of legal aid programme untill I told them. 20% of them heard the same before but did not know the contact of the relevant centers.

Of course, not everyone is entitled to seek for legal aid from the 2 abvoementioned legal aid centers. In fact, only those who are qualified under the stringent “Means Test” are eligible for the free legal aid. (Most of my friends can never pass the Means Test.)

Anyway, so next time if you need any free legal aid you should know where to turn to now, right?

Well, I think you should report to EPF soonest possible so that they can take action against the company. Just for your information, default in paying EPF can amount to civil as well as criminal liability. The directors may go to jail…

Hi Eddie, how good is the quality of the legal aid in Malaysia? Given that it’s free, I’m sure we all have our doubts on freebies… do the lawyers get paid a decent fee by the government to do such charity work?

I just have a question, has there any specific law in Malaysia that does protect the public from being threatening by the gangsters. If there is any, what are the sanctions that are available? Imprisonment? Is there any chance that we can claim for damages that one has suffered due to the act caused by those gangster. If one really plans to take legal action towards them, is legal aid in Malaysia covers this cause of action? Please do reply asap, it’s urgent!! Thanks for your time and concern! Thanks!!

Hi Eddie,I’m a student and my father is a contractor.He currently have a lot of project with him.Recently,a lot of his friend(i not sure those are my father friends,colleagues or sub-contractor) came to my house and wanted to meet my father but the way they approached my house is like the feeling of wanted to destroy my house by hitting the door like mad.At that time,i was at home alone n told them my father not at home.Suddenly,they became very angry and straight away broke my house windows and tried to damage the door to enter the house.They also warned me if i not let them in they will burn my house and gave me 1 hour to contact my father.At that time i was so scared and don’t know what to do but i managed to call 999.Unfortunately,their angry is at the peak and start to kick the door and i hang up the call.They also said they not afraid of enforcement.So,i call my father but to no avail.Then i called my brother and let my brother spoke to them.My brother said to them if business related they need to settle it with my father instead of come to my house to threaten me.After that,my brother asked me to let them in.When i let them in they searched my house and wanted to take away all my properties such as my laptop,computer,etc.So,i beg them not to take anything and they agreed with condition my father need to settle ‘the things’ which i don’t know with them else they will come again to break my legs and take away my things.In the end,my brother and i wnet to police station to make a police report for cover(safety measure).My question is if 1)i wanted to sue them but will i win?2)If they were not sentence to jail and this will definitely make them angry and of course will cause them to come to my house again.At that time what i should do then since the 1st time i called 999 and the police arrived quite late(police arrived after they went away during the 1st time)?3)How to sue them?

I would encourage you to Register as Basic Member in http://www.eLawyer.com.my so that you may post your future legal question in eLawyer, we will get our panel of professional lawyers to answear you. It is FREE to join as member.

Disclaimer: However, I have no idea of the actual situation occurred to you. It would be highly advisable if you could seek a professional lawyer’s advice and obtain an advice face to face. Don’t just act in relying on my comment. I shall not be liable for any damage you suffered in result of relying on my comment.

I need your legal advice here as after heard what my friends told me about his bad experience, we really lack of knowledge on our rights.
Below is what he told me: -

“Last weekend, my girl friend and I planned to have something new for our relationship, instead of going to fancy restaurant for dinner, we decided to buy burgers and eat in car at an quite place at the hill at the same time can enjoy the night view from the hill. We stopped by a place where is dark and only two houses some where around 20 meters from my car.

After we finished our burgers and we had chat in the car, with engine on, we look at the surrounding and there are two cars in front of us believed to be the visitors to the houses nearby. The place we are is at middle of the hill and the area is dark and quiet. I can positively confirm that is an isolated area.

As we chat and discussed a lot about our relationship, and so happened that we kissed in the car and we hug each other. Suddenly, we felt a flash and we separated and saw a police patrol car and a police walk to us. I confirmed that we do not take off our clothes nor leave it open and we are just kissing and hugging each other. The police man wants to see our ICs and my driving license, and then asked me to go down to talk to him.

He said, the surrounding resident complaints about a car nearby and what we did in the car will result to a fine of not less then MYR2,000 and threat us to go police station and need to do a lot processes. After I explained that we did nothing wrong and he said don’t bullshit him and asked me what I want to do with it. I said, if you can help that will be nice and he requested MYR1, 000 from me. I was shocked and felt that is was too much and I told him, I do not have so much money and he said, there are too many policeman know about this and need this amount to close their mouth. As I am at not very comfortable (isolated and dark) area, I choose to compromise as I do not think they will bring me to police station instead may hurt me and my girlfriend.

After much negotiation and they even asked money from my girlfriend and threaten her, I know something not nice may happen if I do not give them money, so I told them that I do not have cash but offered to go ATM nearby to pay them. I just want safety. I tried to get their names and I do not see name tag in their full uniform and while driving in the car, I tried to call BPR with no luck.

Upon paid them at nearby ATM, they fled right the way, of course before that, they threat to get more money and i told them I do not have it anymore, only then they return our ICs and driving license.”

In the above case, please advise what my friend’s rights are and whether they really committed offence in any clauses?? I know from the red book that police do not have rights to hold our ICs but in that situation, i do not think is a good idea to ‘discuss’ with them. Also, I know that give them money is not right but what about their safety?

To my understanding that any intimacy act in closed area that not offend anyone by the action is not an offence and stop by dark and isolated area with engine on is not an offence too, please correct me if I am wrong.

I need some legal advices. My father is currently having a case against our tenant who is a lawyer himself. This tenant of ours have not been paying our rent since Nov, 2005 even though we had numerously call him to settle the outstanding as soon as possible. Until August 2006, we went to look for him at our rented premise, he threatened to sue us for hassling and also mentioned that he will use legal means to let this case roll for 3-4 years and yet we will not receive any outstanding rent back. After which, we tried to call his wife and tried to talk to her in discussing with us. Finally one day, his wife messaged they will moved out by June 2007, we then offered to meet him outstide to discuss about the details. We brought our contractor along so that to see if there are any other help he might want from us. In the end, he agreed to moved by 30th June, and will inform us after his move. Mid July, his wife again messaged us and informed that they will moved when they found a place to move, by the we tried to look for him and seek the reason. But he won’t answer us until we filed for a lawyer and he repute and say we had agreed that we had let him stay until 2008 which are nonsense. Even though we now have a lawyer helping us, it seems that we are still unable to get our premise back.Is there a place where we can seek more legal support as we are just commoners and only wish to get our place back? Please assist. Beside I will like to research on related cases, where can we look for it in Johor?

SL- Your tenant lawyer is just too much. You may try to report this matter to the Disciplinary Board of Malaysian Bar see if they can take any disciplinary proceeding against the lawyer.

There is online case journal provided by Lexis Nexis or CLJ. However, you need to subscribe to it. Perhaps, you can ask the lawyer who you have engaged to help you to search for these kind of cases, after all this is his duty.

I need some legal advice: ( family wealth dispute) My grandfather leave 20+ house for rent which each is about RM200 rent per month which is seperated among all my father brother and sister (7 of them) before they pass away. A contract has been sign by all 7 brother and sister to maintain all the house under 1 company which which will be maintain by my father, but without any wrong doing in my father part all the brother now decided to pass the managing task to another brother. Because my father relationship with this brother of his (going to be incharge) is quite sour my father decided to pull his share out of the company ( which is 2 house rent RM400/monthly). Can he do this? Can the other party file a legal suit against my father if so? And is there a minimum amount for civil suit?

Delwin Teo – there is no minimum amount for civil suit. If you notice sometime people just sue for reputation and ask for a examplary damages of RM1.00. I cannot really give you any concrete advice due to lack of fact. what do u mean by your father “maintaned” the company? was there any shareholder agreement between them? is your father a shareholder or director of the company?

It would be good if you can find a local lawyer to review your case with more details provided.

Hello Eddie,
I stumbled upon your website when i googled for restraining order and how to obtain them.

I need some urgent advice to get myself informed.

I had a friend who has bullying streaks in his character. Two years ago, over a petty arguement over relationship and his distaste over the man i chose, he publicly started a fight with me (and i am a girl). It caused me emotional distress and after two years, although i am doing fine now (because he is out of my life and i am out of harm’s way), i still fear that if i were to see him, he will harass me again and emotional stress will come back to haunt me. And i do not want to be in that situation again as i am not very good in handling any crisis.

Then, a few hours ago, he crossed path with my fiancee in a club. My fiance who happens to work in a local radio station were working in the club for an event held by the local radio station. This former friend of mine, apparently still hold grudges to me and my fiance, started throwing jeers when my fiance was on stage trying to hype out the crowd and intentional provoke my fiance to fight him and cause a bar brawl.

Luckily, to my fiance best judgement, he restrain himself from getting into physical fight with this man. My fiance can lose his job and it can be very detrimental to my fiance’s career.

But nevertheless, the radio station personnel weren’t happy that the crowd was booing my fiance. The booing was orchestrated by this man who obviously cannot moved on and wish to make our lives miserable.

I feel that if his bullying and provocative behaviour persist, my fiance and i will be in imminent harm, both mentally and physically, and we want to take legal action against this guy.

Because who knows? today he is jeering, tomorrow he may run us down in traffic?

Plus, i feel that if can take legal actions against him, such as restraining order, i will feel safer and my fiance won’t have disturbance at work seeing that he makes public appearance often, not working in the office, so chances of him harming my fiance is higher.

I’m already thinking of sending a complaint letter to his employer to warn them of this man’s behaviour but i feel i have to do more.

Can i take restraining order against this person? Can i make a police report?

I need some advice regarding S&P. Append below are chronology of events

1. 11 March 2008 : I inform the lawyer regarding the intention of earlier handover of VP to the buyer by mean handover ALL keys.
2. 12 March 2008 : Lawyer replied (via email) by saying will arrange the buyer to take over payment of maintenance charges, insurance etc from the date of delivery of VP
3. 18 March 2008 : S&P stamp duty endorsed (legally binding)
4. 19 March 2008 : Handover ALL keys to lawyer and acknowledgement copy of the keys was signed by lawyer on the buyer behalf
5. 31 March 2008 : The lawyer informed us that the buyer is not willing take over the early VP due to don’t want to bear the maintenance charges. The buyer will take over the VP only upon payment of full purchase price ie. end April or early May

Now my question, is 19 March 2008 the date of delivery VP? Since the lawyer is representing the buyer, thus I will not entertain the excuse from the lawyer due to no communication between the lawyer and the buyer

I would like to know if there is anything that can be done if your neighbors are singing karaoke loudly or just turning on loud music (anytime they feel like it) that is disturbing our normal peace of mind?

My father has allowed a relative (his sister) to occupy our land and built a house and live there for more than 20 years. If my dad sister died, will her childrens be able to claim that land as theirs? what about the status of that particular house? we do have the land grant. thanks.

I would like to highlight my case of credit card fraud. My case was on 16 Jan 08; just about in need of the credit card to pay for a transaction, than i realized it was lost. IMMEDIATELY, I notified the bank and make a police report as instructed by the bank. However to my surprise, the bank informed me the “Three Transactions” have been made amounting RM6561.60. These transactions were done within 15 minutes in two localities. One in a handphone shop and the other in The Store, supermarket on the 7 Jan 08.
Questions:
a) Why no verification from the bank with thre true cardholder on these purchases especially two transactions within a few seconds (6.36pm – 6.37pm) with the same amount.
b) Why, even when I informed the bank immediately after realizing I have lost the credit card, the bank can just conveniently claimed that I do not report the lost to the bank within the “TIME FRAME” as stipulated in their TERM & CONDITIONS.
c) When I got back to the bank with the evidence of different signature on the purchase slip signed by the unauthorized person as sompared to my signature on the back of the credit card. The bank did not accept it as a clear case of credit card fraud. So what is the use of getting the cardholder to sign on the back of the card if ti serve no purpose at all.
d) Isn’t it a part of regulation set by the bank to the merchant that they(the nerchant) should scrutinize the signature before accepting any purchase?
e) Why didn’t the merchant being penalized for their carelessness or blantant disregards to the signature sign on the purchase slip befor effecting and purchase?
f) Or is it another similar kind of “CLOSE ONE EYE” on both the merchant and the bank in this BOLEHAND practice, then put the blame entirely on the victim and force them to settle all the outstanding bills. Mean letting the culprit scott free.
g) One of Assistant Vice President Fraud Management and Credit Card Authorization of OCBC bank confirmed the above by telling me ” THAT IF YOU WANT TO BE SAFE THAN DON”T USE ANY CREDIT CARD”. If like that, how come outside a lot of AGENT OF THE BANK still force & promote the BANK CREDIT CARD?
I repeat there is NO SECURITIES whatsoever when credit card fraud happens to the cardholder. Unless I’m so lucky that I realized the lost of my credit card at once and spped to inform the bank through the quickest mean to communication. A second less in the time I still will lose out to any unauthorized purchase done using my card. And I have to pay through my nose.
Reoson to confirmed this. On 21 Jan 08, the reply letter for the bank stated clearly. ” They are unable to accede to my request to waived off the said sidputed amount, as it was not reported within a reosonable time frame as stipulated in their TERM * CONDITIONS”.
“That cardholder is liable for unauthorized transation before the lost/stolen card report is made”.
Another BOLEHAND attitude of blaming the victim rather than catching or nailing the culprit at large.
Many letters & my calls has forwarded to fraud credit card department but none reply to me. Because of this fraud case I can’t sleep well sometime whole night open eyes until morning and then go to working. Before that, I also wrote the letters to Bank Negara Malaysia but the reply from them unuseful because they ask me pass my cases to Biro Pengantaran Kewangan (FMB). So Mr. Eddie, can you help me ? Because I really need somebody to help…….

Hi Eddie, wondering if you can help to advise on the following situation:

I invested a sum of money into a company, and i realised something is wrong lately, so i demand to take back my money, but they refused. I have already applied for a mereva injunction, but I am worried, if the other party left the country, what can I do? How can I track them or are they allowed to leave the country?

<p>JC- I have received the same question submitted at http://www.eLwyer.com.my, once the particular lawyer has replied to you, I will then post it at eLawyer site. Therefore, pls visit the site from time to time.</p>
<p>JS- in some circumstances it may amount to nuisance, if it is nuisance then you may make a police report.</p>
<p>Azral – based on our Malaysian land law system, ownership of a land belong to the registered owner subject to some exceptions. I am not sure if your father has any agreement with his sister, hence, I am not in the position of giving you any advice.</p>
<p>May Gan – I understand how you feel, it is as if an innocent party is held responsible for the act of the real culprit. The fundamental principle of contract is parties to a contract are bound by the four corners stone of the contract. If you do want to pursue your case further, I would suggest you should engage a legal representative and tender all the relavant documents to him as one needs to look at the terms and conditions of the agreement between you and the bank in order to give you a proper advice.</p>
<p>Swing swing – a mareva injunction is to restraint the defendant from removing /desposing of/dealing with any asset from the jurisdiction of the court pending the disposal of the suit. Such injunction does not prohibit the defendants to leave the country. If you have applied for mareva injunction and has served on them personally then you shouldn’t worry they will later leave the country as it is their interest to defend themselve in court, instead of running away.</p>

there are no written agreements just that my dad’s sister land is deeper into the kampung so she asked to build a house on my dad’s land which is closer to the main road. My dad only verbally agreed to the request. I’ve been told stories that if people encroach on your land and built things, if you don’t act to evict them. After a long period of time they gain some right to claim part of your lands. Has this ever happen in Malaysia or is it a myth?

Hi Eddie, I registered at eLawyer.com.my but haven’t received any email yet for the activation code after a few hours. I’ve checked the junk folder. So I post my question here. Hope you can help.
My car was involved in an accident on 12-12-2007. It was towed by a guy from L workshop. From his name card, I know that L workshop is authorized by PIAM. I was told that the workshop will help me to make the third party insurance claim. I was assured that the repairing process would be hassle-free and I need not to worry about the claim process. Therefore, I agreed that L workshop to repair the car and make the insurance claim for me. However my car was actually sent to another workshop (B workshop) for repairing. I was told that it’s their partner workshop.
Now the car has been repaired but B workshop wants me to pay a high repair cost. The workshop and asks me to claim the insurance by myself. It’s because I refused to provide things that he requested such as ATM card and RM800 non-refundable cash.
I refer to L workshop but they claim that the guy who towed my car is not their member of staff or agent and they have no record of my car. I am pretty sure that they lie because before I launch complaint to the PIAM I did call to their office and complain about the guy who towed my car they even provided me the guy’s supervisor number. And I did call before and asked why your staff towed my car to other workshop they said it’s their partner workshop. And now they denied all these.
I have made a police report, made a complaint to PIAM as well as the ministry of domestic trade and consumer affairs. It seems that they are unable to help. PIAM said they cannot help because L workshop said they do not have the record and B workshop is not their panel. KPDNHEP said I better make a tribunal claim.
Can you give me some advices? I’m getting crazy about this matter. My next step is to launch complain to the Bank Negara and Tribunal for Consumer Claims which I still doubt if they can help.
Thank you.

Can Tribunal for Consumer Claims help since I haven’t paid a single cent to the workshop? I refuse to pay as I strongly believe that I wouldn’t be able claim the full amount that requested by the workshop. For your information, they refused to give me any information about the bill and the adjuster’s report unless I pay the amount they want to them.
I also wonder if Bank Negara can help as now I am having problem with the workshop but not the insurance company.

myLai – I feel sympathy with your encounterment. I think the best thing is to get the police to investigate as to how can B workshop keep your car if you never authorise them to repair or tow away your car. 2nd, the police should also investigate L worksop for denying in towing away your car and sent it to B workshop. I don’t think Bank Negara will help as you correctly pointed out your complain is not against insurance company. Hope your nightmare will end soon.

Hi. Eddie.. I’m a final year student (my first week being a final year student) at a government university. My problem is that the roof of my hostel roof has been leaking for the past 2 years. I’ve been complaining to the people in-charge for the past 2 years. However, it’s still leaking on and off. Recently, it has become very bad and is causing me a tremendous amount of emotional distress. I’m afraid this will affect my studies. I’ve read in the internet that tenants can sue their landlords for a leaking roof in California.. However, i wasn’t able to find such laws in malaysia through the internet. I’m very pissed off with the way the government servants in malaysia work. They are just so lazy and slow to take action. Is there anything i can do?

I am having some issues with my tenancy agreement and would like to seek your advice: -

I am a sub-tenant to a shop unit. The main tenant (P) is renting the whole lot, ie ground floor and first floor unit from the owner (A), and sub-let to us.

Our tenant agreement is 2 years with an option to renew for additional 1 year. But P informed us that they are not continue renting the place before the expiry of the transitional period. So, we are asked to call A to discuss about the renewal of the rental.

We called A and A was telling us that he would like to increase the rental of additioal RMXXX which we found it a lot compared to market rate. So we tried to negotiate with him and told him we will get back to him asap.

But the problem arised when A sent an agent bringing the potential tenant to our unit to view the place. We are not informed about it and called A to clarify this. A said he is still considering renting the whole lot out to 1 tenant but did not give us a firm answer whether he will do that nor give us notice to move out. And he was sarcastic enough to ask us not to call him and will get back to us but did not inform us when.

My question is: -

a) Are we tenant giving the right to request a 3-mth notice from the owner upon the expiry of the tenant agreement?

b) Since our tenant agreement is 2 years with an option to renew for additional 1 year, are we still giving the right to renew in this case?

c) Can i have your advice how shall we deal with the owner if we’re asked to vacant the premises without giving us enough notice?

Grace – It is not easy to claim compensation for “emotional lost” in Malaysian court. Why not you bring the matter to a higher authority of the management or just move out from the room and ask for a decent room.

On another note, this is what I feel as well, I find that the working culture in Malaysia is so much different from UK (where I was studied) in terms of handling complaints. I felt British seems to take complaints seriously, whereby our kawan here still practise tidak apa attidute.

JL – I have received your question in eLawyer.com.my and have forwarded to one of the panel lawyer. Hope he will revert to you soon.

Hi, Eddie. Thanks for your advice. I couldn’t agree more with u that our kawan here have the tidak apa attitude. Seems like no action has been taken so far to repair the leaking roof.. Guess I just have to bear with it as there is no room available at the moment. Thanks anyway..

Hi, Eddie. Recently a friendly loan of my mother-in-law gone bad. 13 checks amounted rm 20k+ was bounced and the borrower is nowhere to been seen. Just want to ask u, can i file a police report ? Is he a criminal for issuing 13 bad checks ?

Hi, Eddie.
Few years ago, I had an verbal agreement with an auditor whereby I agreed to let him use my name to act as company secretary in his clents’ companies (In Malaysia, an auditor, cannot at the same time act as company secretary). In return, I was entitled to certain percentage of the secretarial fees. For convenience, a sample of my signature was given to him and a rubberstamp of my signature was made and kept by him. The documents required my signature in the capacity of secretary was stamped. Some time ago, I discovered that my name has been used as director in one of the company without my knowledge & consent. I approached him about this & he totaly denied that he had used my name on it. A search made with SSM confirmed that my signature had been forged on the Form 48A by using the rubberstamp (this document normally signed under oath). What action can be taken against the auditor ?

hope that you can give me some advise…
i has a relative, he was beaten until death by few people.
His parents plead to the police to pay more attention in this murder case, but the police not really make a detail investigation.

My question here is what they can do actually?
There is no legal representation to represent them. Should they hire a lawyer by themselves ?
But their financial position is not very good…

Which source of help they should apply for?
And how to let the police to pay more serious attention in this case?

I came into an inheritance in Sept 2006. Till now the executors has not release the funds due to another party contesting the will. My question is – does the inheritance money earn interest while the executors sort out the problems. I’m not in a hurry to ask for the money but I think it’s fair to give back the interest earned while waiting. In the will, there were 3 names where 2 of them gets a fixed amount and whatever balance goes to one of the executors. The other party is sore because they feel that they should get more by virtue that they are family. I am just a close friend. As the will was written 10 yrs before her death, the ‘balance’ has increased substantially – more than the total sum of the other 2 parties. I am not fighting over the $$$. I just don’t think that it’s fair for one of the executor to benefit from the interests when he is already getting more than 3 times the total sum of the other 2 parties, in which 10 yrs ago only amounted to less than 20% of the total sum of the 2 parties.

Hai Eddie,
I am working in the plantation sector in Indon. My service was terminated without any notice and stiplulated on my work contract that’s 2 months in lieu. Even my 34 days replacement leave was forfeited without any payment. Kindly advice.

Hi Eddie,
My mother was a diabetic patient and looking for treatment at one of the renowned medical center in KL in yr 2001; initially with a very small wound at the right ankle but, while undergoing treatment at the center for the duration of about one month, her condition worsening with bigger gap size (circa 60mm in diameter) of wound up next. Despite one of the intensive treatments like artery bypass surgery to increase blood flow to the wound, it did not help. Finally, the medical center gave up and we were asked to transfer my mother to a government hospital for further treatment. Her lower right limb was eventually amputated and she passed away in 2004.
During the treatment at the center, the medical bill had amounted to around $34,000. On a progressive basis, we have had settled half of the total amount, but subsequently, while we were getting document papers and arranging the hospital transfer, we were not asked to settle the remaining balance ($17,000). Moreover, the hospital provided all the papers and allowed us to leave the hospital freely.
Later, the hospital filed a suit in 2002 against me to recover the debt for I am the guarantor.
Here are my questions:
1. Deteriorating condition due to treatment failure as in our opinion, can we file a counter suit for hospital’s negligence?
2. Allowing patient to be discharged when bill was not fully settled and later filing suit against the guarantor, technically, is this a breach of procedures and also an violation of my consumer rights?
3. Under this kind of dispute, how does one classify it as guarantees & indemnities or continuing guarantees & indemnities?
4. What will be the most ideal way to resolve this sort of dispute?
Desperately seeking your earliest advice.

Tigertop – to be honest I am not sure if the law allow the executor to be entitled to the interest accrued, but my common sense tells me he shouldn’t . It would be good if you can call some will writing agency or lawyers friend to find out more.

William Wong – you may sue your employer if they have terminated you wrongfully, alternatively, you may lodge a complain with the Labout Office.

Jeffery Ng – 1. if you can prove that the hospital was neglegent when conducted their duties, of course you can sue them. 2. I don’t think so as eventhough they have violated their own procedure that doesn’t mean they can sue you as thier procedure is not law. 3. I haven’t seen the letter of guarantee, hence, I don’t know. 4. It would be good if you can avoid legal proceeding as hiring lawyer to defend you will cause you a lot of money (esp. in medical negligence case). It would be good if you can have amicable settlement with the hospital.

Hi Eddie,
My business partner just resigned as a director and sold his entire share to me. After that he went to recruit some of my staff and agents to join him. Actually, all directors and staff had signed an agreement said that we cannot doing same business within 6 months if who are resigned. After that, he also recruits my staffs and agents. Before he resigned, he said not going to do same business and sell his entire share total RM 15k to me. Total paid out capital is RM 60k. He got 25% share in my company.

After 1 months, I just know he steal my company customer’s application forms and submit to others. He also spoils my name and reputation. My auditor just finalize last year account was lost RM 24 k. He really makes me loss a lot of money and felt being cheated by him. If I want to sue him, how many chances I can win? Take how long to settle? How much the lawyer fees?

If you can prove that your partner is in breach of any term of the contract, you may take action against him. I cannot really tell you the winning percentage as I have a very limited fact here.

When a case goes to court, it really depends if it is contested, non-contested case can be “settled” very fast, on another hand, if the defendant contest the case it may drag to 2 -3 years or even longer depends on the complexity and witnesses/evidence involved. I have handle a case which was even not settled after 10 years.

Again it legal fees is very much depend on the complexity of the case and whether the same is contested. To bring a case to lower court you will need to prepare min RM3,000 – 5,000. If the case being contested and goes for trial then your legal fees will be more than this.

Hi Eddie ! I need you expert advise on employment matter. My wife is working in a US base company in Klang as a purchaser. Recently she has been assigned(verbal) to handle anothers person job (purchaser which was reassigned to other duty)for Kuantan Plant without any salary adjustment what so ever all though the job responsibility increases.The management insisted her to do the job without any choice. The management reiterated that the job does not require her to leave her office as it will be some sort like a centralise purchasing function. Please advise on the avenue that she could take to decline the instruction and mantained status quo.Thanks

Hi Eddie,
There is this debt collection company who’s staff introduce themselves as legal representative and that they are calling from a legal firm. But i noticed that their letterhead has the word sdn bhd and they cc’d their letter to a lawyer…
I’ve never known of a legal firm bearing the words sdn bhd as their company name and i’ve never heard of a legal firm bothering to call up borrowers to collect debt (or else they will follow up with a legal action). and if they truly are a legal firm, why are they cc’ing their letter to another lawyer?.. I wonder if my thoughts on this are correct? and if so, who can or should i report to?

Last year (July 08), the company transfer me back with offering Malaysia based salary which is 70% less than expariate paid. So I tender my resignation with immediate effect and the company accepted it (verbally).

They refuse to pay me back balance salary & claims amounted approxiamtely RM 12, 000. And now they issue me a laywer letter (in Apr 09) saying that the mgt is not agreeable to my request of waiver of 3 months notice, and demand the sum to RM 12, 000 which is equivalent to 3 months salary as compensation.

Hi Raflly Nann – you will need to check the employment letter/contract between the parties. The rights of the parties are stated in the said contract.

Irma – law firm in Malaysia is either in the form of sole proprietorship or parntership and their liability is not limited and they don’t have to register with CCM.

As such, if the sender is a “sdn bhd”, i am pretty sure that they are not law firm.

You may report to Bar Council disciplinary boad if you found any law firm acting in a suspicious manner.

SH Tey – Can’t really give you any concrete advice online as I do not have access to the relavent documents and details of your case. You may engage a lawyer to have a face to face consultation. By the way, verbal agreement is still valid in the eye of law, however, it may be rather difficult to prove in court, as it will be “words against words” kind of situation.

Net time shall the similar circumstance arise, you can write to the parties concerned in a form of letter to confirm what have been discussed and agreed. At least this will help to put more weight on your evidence in court.

Dear Eddie,
I would appreciate it very much if you could “enlightened” me on an issue of defamation. My question is: a blog owner simply download a picture from someone else’s blog and place it in his article, for the purpose of substantiating his criticism on an issue. It’s ok for this guy to criticise anything as he likes, but the problem is, what was shown in that particular picture has nothing to do with his issue.
My concern is that the picture was taken at our place, and we suspected that he actually knew it and had purposely “misused” it. Regardless of his intention, we think that he actually had misled people’s impression on us, and most seriously, this had caused damage on our reputation.
I wish I could get your advice on both party’s legal right. Thank you very much!

Hi, i’m currrently seeking a case (civil court) with my former boss who is residing in Singapore.

After going thru so much, i finally got the order to send him the Summon ‘OUT OF JURISDICTION.

Initially, according to the officer in Jln Duta Court, i send the summon together with the order out of jurisdiction to him via a process server (Subordinate courts of Singapore). I followed the steps but the Singapore courts said that it should be done via our own court.

I went back and met the judge and gave them the reply the Singapore court gave me, and they instructed me to send the summon and order to the defendant via Registered mail.

The problem is my ex-boss is a cunning old bastard, when he sees a parcel from me, he will not accept it or sign it.

And it the court term, it means i failed to deliver the summon and order to the defendant.

Can you enlightened me what is the best way for me to deliver it over to him in Singapore? My follow up court hearing is in next month, 2nd week of August 2009.

I am a resident of India.My daughter got married in Malysia 2 years ago.She is tortured by her husband and wants to come back to India with her 2o days old baby boy.Kindly guide us how and where to launch a complaint against this matter.
I am writing the whole matter, please see what necessary steps can be taken to rescue her.
we found the match through a newspaper.Immediately after reaching Malaysia her in-laws started torturing her.
Then somehow my daughter and her husband changed their residence to a differnt location.but even that did not help in maintaining their relationship.she was being tortured by her husband day and night.
now she has given birth to a baby boy and thought that this might help her get some love in the family.
but her condition has become worse.
After the birth of the baby she has not been given medical attention. after her surgery she was forced to leave the hospital and go back home without proper care.she is not given much to eat and is not even able to feed the baby.
As she is still not a citizen of Malaysia ,she wants to come back to India but her husband is not letting her go and not willing to make the baby’s passport . She wants to bring her child along, to india.
Kindly guide me how to send help to her as her husband has good links in Indian Embassy and with police, so she is afraid of filing a complaint against him.
How to get the child’s passport made and how can she be rescued?
Kindly guide me I would be very grateful to u.

Hi Eddie,I involved in accident on 14/10/2009.I was riding a scooter and a car hit me from the side,my problem was there was no m/cycle workshop here in Semenyih & Kajang wanted to repair my scooter due to the cost although I can claim a third party insurance.I think whole cost might be around RM1000 +,can you advise me or can you recommend me a lawyer,TQ very much.

I entered a S/P agreement with a company on this drinking water vending machine. The contract is 3 years where they will provide services to maintain the machine. During this period, they have breached the contract by providing sub-standard kind of services.

Hi, me and my fiance registered as married couple last Sept 2008 but we have yet to stay together and yet to have any chinese custom of marriage. Now, he requested to divorce with no reason given. He claimed that he cannot stay on with me anymore. But I have not agreed to his request. Can he request to divorce without my consent? What will be the consequence if I insist not to agree to divorce. Thanks.

hi eddie,
iam having a hard time getting a brother in law to repay the money he owes me. im not even know he ever will. i was given excuses like its not his fault n that its a third party etc. when i ask for prove a statement or something he dont have any. its useless talking to him. always different story.. its painful and frustrating.. please eddie tell me what to do

I will like to engage a malaysian lawyer to sue a malaysian thrid party for wishplash injury and car damage to my vehicle that happen while holidaying in malaysia. Pls reply how to contact u or u may call me @

I am a single mother of two. I divorced my ex husband in June 2008 (through joint petition) in which he agreed to give me Rm 800 per month for the upbringing of both our children, and to transfer our house to my name after he has settled the loan with the bank.

We attended court hearing in September 2008 and I received a photostat copy of the “dekri nisi mutlak” and a photostat copy of the letter from the JPN to our lawyer regarding the dissolution of our marriage.

However until now I haven’t received any copy of the court order. I phoned our lawyer several times but couldn’t get through and I stay very far away from his office. The lawyer is my ex husband’s friend.

My ex told me that we won’t be given original copies of the dikri nisi , only our lawyer will have it and there won’t be any court order.
However the court will have details of our petition and any dispute can be referred to it.
Is this true? If not, what can I do?

I hope you will kindly advise me as this is giving me sleepless nights. Thank you very much in advance.

Dear Sir
I brought a house in KL but never move in to stay. I have rented this house to a tenant for the past 9 years, the tenant paid rent promptly every months, but I was told if I continue rent this house to this tenant for 10 years, he will automatically became the owner of this house, Sir can you advise whether this is true, and what should I do now?
Thank you in advance for your valuable comments.

2. With that, they have 2 children. And they bought a low cost flat together.

3. My step father left us 17 years ago. His children then were not 10 years old yet. He left without any support to our family. My mother had to fend for us, and she did also continue with the installment of the house they have bought.

4. After my mother’s passing, I continued with the payment for about 6 years and I also look after my step-brothers like my own children. The house is now paid in full, and my brothers have completed their studies.

5. I got a call from my step-father yesterday, letting me know that he now wants the house – to either sell it or refinance it. I opposed.

6. I called the bank today and I was informed he has been to the bank with his wife (they are now Muslim and have been that since he married her, I think they got married not long after he left my mother).

7. I would really appreicate knowing how I can go about stopping him getting our home. He has not helped with anything, he has not even attended my mother’s funeral, not contributed in his children’s living and education, etc.

Dear Eddie
I just spent around RM1,500/- on 2 different lawyers to “read my rights” as a wife and as a victim of Single Petition Divorce, filed by my husband.

I am even more confused now as I feel that the fees quoted to write a petition and to handle my case are irregular….as low as RM5,000 to RM40,000! I feel my case is straightforward but do not understand how I can be quoted as such. I really do hope you can help give a sincere, honest, down to earth advise before I make a decision to commit the amount quoted.

What is the normal fees to be charged to write up a petition for divorce?

Is there an Instruction Manual for Lawyers to abide by to charge their Clients? And if yes, where can I obtain it?

Would you be interested to handle my case and if yes, how much are your fees?

Do appreciate an urgent, early reply as I would like to prepare myself, since my tribunal is end of January 2010.

I’m a christain and in my late 40′s residing in KL.
Just want to ask you for some advise on spouse left home since end of year 2008, had not come back but had spoke a few times on the phone saying “why I had stop the divorce proceedings” and other household matters; ie citing grouses that she does not enough money to continue paying for the extras amount to the car instalment even the rental recieve from our apartment is not enough to cover (approx RM180 per month extra). To cut the story short, I was the one who inicite the divorce and after counsel by a pastor from Evangel assemble and as refer to Mathew 19:1-10 and Mark 10:1-12 clearly state that we cannot divorce and I act accordingly to stop the proceedings. Thereafter she reacted and she move out and also mentioned that she will do the divorce proceedings if I don’t. Now after reading the legal side, does that means that she separate from me for 2 years can file for divorce and win the case.
My Pastors had supported me in prayers inculding my (her close friends) but I have yet to see any light. Please advise me

Hi Eddie,
I`m writing this to acquire some advise for the bereaved family of my deceased brother.
On Dec 31st 2009 I lost my only brother in a tragic accident at a construction site.He was hired as a lorry driver working for a relative who is the sub contractor.His job apart from transporting workers also involved in helping at the construction developing site fixing rain gutters.He worked for $MR 80.00 a day and he gets paid cash once a month.He died during work on Dec 31st 2009 after falling down from a tall building without wearing any sort of safety gear.He was badly injured breaking mostly every pieces of his bones.He left behind a wife, two children and a huge mortgage.
His employer did not protect him from any kind of insurance ,EPF or Socso.
At present we are trying to make private settlement with his employer.Can you help this unfortunate family in providing some advises regarding reasonable compensation to carry on with their life.
Thank you and I would appreciate if you can give me a quick reply.

Where do I go if I only want to seek opinion on legal matter. Wondering what is my right before I go to negotiate with the lawyer. Afraid the lawyer might u know physically pressure me and without knowledge i dont want to do or maybe juz run away from the problem rather than try to solve it.

Conclusion, i want to know what best for me to settle the legal matter.

Understand your position, and the stand of your church pastor. There are verses in the bible that are clear about “no-divorce rule”.

But also catch a glimpse of your wife’s situation. You have fairly told part of her side of the story as well. She thought you were initiating divorce…which presumably both of you agreed at the beginning, then you stopped the action on your side.

As a Christian, I believe in prayer. As a Christian, I believe in love – as in loving action – as well.

I have done divorce matters like yours. It’s tough on the one keen to proceed on divorce, and costly. It’s also tough for the one’s on your side…who is trying to keep to a biblical view of no-divorce.

Yes. She can proceed to START divorce proceedings after 2 years separation…but she would need to take out a Unilateral Petition against you, and proceed as if she were fighting you to get a divorce. It’s a much expensive, time consuming, frustrating process.

At the end of the process…sadly, usually, both parties have even less basis for any sort of relationship – even if it is only as co-parents, or ex-spouses – than 2 years ago when you broke up.

I don’t want to use this space to do advertisement of myself, or my services…but if you wish to talk to a Christian – who is a lawyer who does divorce cases – and find out why I feel I can do divorces, and why I feel there is more to walking as a Christian than just to stick to, for example, no-divorce commandment or rules – then, you may contact me at my email stimtong@gmail.com

I have only just found this blog and read some of the comments. I would like to reply to yours. I am assuming that you and your husband are not able to AGREE to a JOINT Petition, and it’s about Unilateral (Single) Petition for divorce. This means it’s a “fighting” case.

A simple answer is :

Lawyer do have very different range of fees…and you are appointing a lawyer to handle a case that is contentious (court case). This means it is not like a sale and purchase of house agreement, where there is a scale fees.

It is wise for you to check with your lawyer on their fees and also costs (disbursements for printing, photostat, travelling, telephone etc).

The more technical and longer answer is :

There are rules in to check on legal costs…but it is mainly applicable for party and party costs…ie. when a party loses to another party, and the losing party is then asked to pay the winning parties’ costs. These costs are more strict, but still there are areas where even the court is given discretion to decide how much cost to award.

For own solicitor costs by his own client, the general rule is found in Order 59 rule 28 of the Rules of The High Court, 1980 which says :

28 (1) On the taxation of a solicitor’s bill to his own client (except a bill with respect to non-contentious business) all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred.

28 (2) For the purpose of paragraph (1), all costs incurred with the express or implied approval of the client shall, subject to paragraph (3) be conclusively presumed to have been reasonably incurred, and wehre the amount thereof has been expressly or impliedly approved by the client, to have been reasonable in amount.

28 (3) For the purpose of paragraph (1), any costs which in the circumstances of the case are of an unusual nature and such that they would not be allowed on a taxation of costs in a case to which rule 27 (2) applies, shall, unless the solicitor expressly informed his client before they were incurred that they might not be so allowed, be presumed, until the contrary is shown, to have been unreasonably incurred.

Rule 27 (2) says that …”allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party…”

I know that this is a lot of very complicated wordings…. basically, it means that for the cost of your own lawyer, there is very broad allowance of fees and costs.

So, what is the safeguard against overcharging? Basic business-sense. Lawyers are also having to run business…and cost is one of the factors that will determine if we’ll get the job or another lawyer will get the job.

Other factors are of course, the seniority of the lawyer, the specialised skills of the lawyer, the responsibility to be borne by the lawyer, the complexity of the matter, the importance of the matter to the client (these are taken from Order 59 Appendix 1, rule 1 (1). )

Yes. There are so many rules and even appendices to determine the fees and costs if the matter really goes to a judge to be taxed (to be decided). It’s very complicated and the process itself is costly.

Conclusion :

That’s why, it is essential for clients to be clear and negotiate a fees and costs structure with their lawyer. But once it is agreed, even if it is not the actual fees, but just a structure, eg. hourly rate, and costs per hearing date, then it is a binding contract between the lawyer and his client. No need and (usually) cannot be sent for taxation to the court.

Two important questions
1. While I am in Visit visa( maximum 45 days ) can I get married to a malaysian woman or a woman who is residing in USA( she also malaysian origin).

2. if I am a documented refugee in malaysia because of political procecutions in Sri lanka,
Can i get married to a malaysian woman or a woman who is residing in USA( she also malaysian origin).
Considering both of us are muslims
Please give me a legal situation of this. What are legal venues that I have.

My father-in-law passed away recently at a private medical healthcare of heart attack. From the time of admission to time of death (approximately 3 hours), we were slapped with with a medical bill amounting to nearly 15k.

I read recently that medical specialists fee is regulated under the PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998. It states that “For procedures under local anaesthesia, when administered by the operating practitioner, a charge not exceeding 20% of the procedure fees may be levied.” The medical specialist fee amounted to nearly 24% of the total medical bill. Did the private medical healthcare commit an offence? Can I make a complaint?

My father is one of the Director and the same time is one of the Shareholder too. Recently there are some unhappy case happened between him and another Director of his Company so my father decide to discontinued to become a Director and Shareholder of the Company. Unfortunately, the other Director not allowed him to do so. In the same time, the other Director not allowed him to touch anythings that related to the business and have a look on Company accounts. In this kind of situation, what can my father do?

I join myfreind’s company last two years. I myself got almost 100% buisness for the company without any written sharing profit. We implied agreed that the profit will be 50/50 without any written agreement eventhough my freind just like a sleeping partner in the company. After two years I take over the old company-enterprise (because we open new company under sdn bhd and I brought a big project for the company) recently I find out that my freind actualy took more than 50% from the old company’s profit thru his car, insurance and credit cards monthly payment which come more than RM2000.00 a month. plus plus….cash out without any supporting document/ bill. Therefore I decided not to give her that 50% profit from the old company and reduce it to 10% only. The problem now is whether she has a right to claim all projects profit from the old company which still running now. (Projects that carry out from the old ownership under her name eventhough the projects was 100% done by me)

My English step-daughter is having a really bad time living in Johor Bahru. Her Malay husband was driving a lorry full of illegal immigrants and was caught. She didn’t know anything about it until he was arrested. He did it because he was promised a lot of money – they are very much in debt. He is facing a trial without representation because he can’t afford a lawyer and the legal aid system turned him down. My step-daughter says this is because he has a foreign wife and her relations are expected to pay for this. They have four children and he is a taxi driver. She doesn’t work. They do not have any savings as they spent every spare penny they ever had on a mortgage for their house on a mixed kampong on the outskirts of JB.I don’t think they can possibly have more than the amount in the means test to live on. She says she can’t even afford a proper diet for her children. Now my daughter is recovering from her third hospital operation this year and has no help at all in the house unless her husband stays off work to help her. Her health is very bad. It seems a very harsh judgement to me, as she certainly is not getting any help from her relatives in England who are not at all rich. She has told me her problems as she doesn’t expect any help from her blood relatives and I feel very sorry for her. Is there any help she can get. I think she is getting very depressed and fear for what might happen to her and the children. Can somebody please help?

Hi….i really need some advice…. Currently im facing a problem, whereby im a victim of cyberbullying. someone is misusing my picture which was edited with my name and impersonating me. can i lodge a police report againts him since his a foreigner and im a malaysian???? please leave a comment??????

Hi, I urgently need some advice. 4 years ago I encountered an car accident and I was the victim. However, that fellow who dragged me into car accident had sued my car insurance company and ask for compensation to his injuries. Actually police had found him guilty. As of this, my car insurance company’s representative lawyer “FORCEs” me to be the withness of the case. As of it happened 4 years ago, I had already forgotten that incident and my memory is kinda blur. I informed the lawyer and issued official email to them that I cannot be their withness and I had forgotten everything. However, they reluctant to accept my excuse and keep disturbing my family members and me through phone. They said will brief me how to say during hearing. They even WARNED me to attend to the hearing on 27th April 2010 otherwise they will issue summon to me. As I m now working in Singapore and just change my job, I cannot take leave to attend the hearing. May I know isn’t I have the right to decide whether yes or not to be withness? And, since I already forgotten that incident, why can’t I not be the withness? Any of your advice is apprecieted!

Hi,
I appreciate your help as we lack in knowledge in legal stuff.
My father passed away leaving a will stating that the property is left to my mother and the children. After that my mother passed away. We want to sell the house. As the executor of the will, what should I do?

This is a normal thing to happen. Usually, people don’t feel good to really handle the father’s will while mother is still alive. Don’t want mother to think the children are anxious to start selling house or put their names in house.

Your father’s will needs to be Probated. This is a process in law where the Original Will needs to be put into High Court, confirmed valid, and the High Court issues a Grant of Probate to the Executor. This Grant of Probate is proof of authority of the Executor to sign documents, transfer property that is in father’s name, etc. Most people will appoint a lawyer to help you to do this Probate.

Now, regarding your mother. Because your mother is also a person who died with assets (whether or not she had name in the house title, she is already a person who has asset under your father’s will), then we need to determine if your mother has a Will. If yes, then her Will also need to be Probated. If not, then need to determine if the total value of assets (house, bank account,shares, jewelry, car, etc…all these are assets) is worth less than RM2million or RM2million or more. Also need to know that the house is a house with title (geran).

If it is house with geran, and less than RM2 million, then your mother’s estate is something called Small Estate. You need to go to the Land Office where you pay the Quit Rent for the house. The Land Office will advise you on what to do for Harta Pesaka Kecil.

If more than RM2million in total, then you need to see a lawyer to do High Court Letters of Administration.

Beware that a lot of lawyers do not know about Harta Pesaka Kecil. They will immediately take it as a High Court Letters of Admin case. While in most cases, this doesn’t matter much because the court also don’t notice the value, and will do it as a LA case, but sometimes, the court realise it…and will reject the case, and send you back to Land Office.

Ah…about selling the house. I haven’t come to that. You would need to sort out both your father’s and mother’s estates first before you have the authority to sell the house. Basically, you need to have a Probate or LA or Land Office issued Distribution Order before it can be legally confirmed who has the right to sign documents on behalf of your father and mother…who’s names are in the geran, or even if your mother’s name is not in the geran, she has a legal interest in the house geran because of your father’s will.

I am in Penang and in need to find a lawyer to handle divorce case .. i want to file for divorce since being seperated for 4years now .. i think its better for both parities .. i need info on any law firm who can help me, how much is the estimated cost, how long will it take and the process for me to go about it ..

HI there,some time at last year APRIL i got an accident at NORTH SOUTH HIGHWAY,but the prove said that is their fault so i get a lawyer to settle the matter,in the early the lawyer told me that they want to settle the matter out of court(after my lawyer get some fee for me said that to get a court order)so i agree on that,that is some where on october,
so since the matter is settle out of court i keep on changing my lawyer for result but he keep on delay week to week month to month,finally he said he already received a cheque from PLUS last month under his firm name so just let him to bank in but up to today i still don’t get anything from him due to so many reason.the last reason is he give me thet his partner has been suspended by BAR COUNCIL so that he need a latter from BAR COUNCIL to him to make a redraw bank.it is true?
tq for you help if you can return you reply to me.

I need some advice here and hope you can provide me some useful guideline.

My Ex-company does not pay me EPF for SEVEN months after i checked my EPF account (my salary is being deducted every month).
I have filed a report in EPF office and they told me that the company is also in a law suit. The staff informed me that unless the company pay to EPF, or else, my EPF will remain zero (for the months i work in that company).

Is it necessary that i can engage a lawyer and give them a lawyer letter to settle my EPF asap as I am already an Ex-staff for about half a year.
They should settle all ex-staff EPF isn’t?

Is I can go ahead with this plan, may i know roughly how much is the lawyer fee? can it be shared by my ex-colleagues as well?

need your advice. in malaysia , can a bank appoint a debt collector to collect the so call outstanding amount due to bank after 8 years on the last payment to them. now the bank is asking me to provide proof to them which i can not trace it after so many years.

Hello,
We sure need some help,ive been living in Penang for the past 6 years from America.
My fiance and i have been living together for the past 4 years. Her mother has been sending nasty and degreading sms’s to both of us for the past 2 years [ about 1000+ a month ] real mean and nasty ones…have all the sms’s saved.
Also she keeps going to the places where we work and causing problems, some times to the point of getting fired.. What can we do to stop the behavior legaly ?It taking its toll on both of us and some thing has to be done. And i didnt mention that she has been in a mental hospital before .

Hi, i would like to ask for legal advise regarding my deposit placed for renovation of a shoplot. All along the while the management co told me the deposit will be fully refunded after renovation done. After we have chasing them for few mths, they are refunding us a amount with deduction of insurance and maintenance work.

They also passed us a renovation instruction handbook when we requested for refund and ask us to sign, cos they said this shd be signed before renovation but they forget to pass to us. Since they said this is the procedure and wen we ask them wat’s the deduction amt means inside the handbook, they didnt explain anythin and saying that is nothing, the deposit will be fully refund. Now wen we follow up with them, they are saying deduction already state inside the handbook and will only refund 50% of the deposit.

I dont have black and white of what they told me and now they are saying it is my fault for dont trying to be understanding.

Is there any way I can bring this into court case? How high is the possibility of getting the deposit back if i would like to issue legal letter to them?
So sad as this is not really abt money, but about responsibility and principal. They are trying to fooling everybody ard by saying that we have already knew earlier and agree by signing on the handbook.

My relationship with my partner is somewhat complicated and special. I am a Malaysian and my partner he is Nigerian. We both are Christians. We plan to get married next year in Malaysia and also in Nigeria. The advise that we would like to seek is on the following…
My partner had also told me recently that prior coming to Malaysia, he had also promise marriage to a local Nigerian muslim girl next year in Nigeria, whom he had also told her about me here in Malaysia. According to my partner, in Nigeria it is allowable to marry more than one and is not obligated to convert to Muslim religion by marrying a Muslim. The girl in Nigeria and I are in very good terms and we get along very well, in fact we became good mates and like sisters and we both know about each other’s marriage proposal. My concern is the bigamy law in Malaysia. I am not clear to how to go about without breaking the law. What are our options? Please advise.

Dear Eddie Law..
Last few years ago my ex-girlfriend used my name to get a loan from courts mammoth and after we split up she stop paying them.i now received a letter from a law firm saying that they will take action on this case.Total amount is Rm4500.00.Pls advise on this matter as the time frame is until this 4/9/10.

Gd day!
I really need some advise here. I am a muslim lady from singapore. Been married to a malaysian for past 15 years. We hadan argument and he beat me hard on the day of year 2008. Due to that i told him to “lafaz”divorce and he did. I left him for singappore with bruises and marks. Since then i never return. The problem is till now he do not report it to syariah court and i still have not get my divorce papers. When i told him off, he commented he had no money to proceed with the procedures. I did went to the government aid bureau in Johor Bahru but they are unable to help me because i am a singaporean. And for me to get a private lawyer will cost me about two thousand plus. I think it is not fair for me to fork out this sum of money for he is the main cause for this divorce. Now i am planning to start a new life and get married but i do not have my divorce papers yet. Please advise me. Thank you.

Hi Eddie just would to consult with you . My wife has consult a used car dealer and sell off her car on june with the balance with the bank of 10 k and the dealer has agreed to take it for 11k . On the day of handover he took the original cert.(geran) and hand out an aggrement copy . However after 2 months it is noted that he has not paid the installment and could not be reach by phone or even not at his place and the car is also is not there . When we SMS him on canceling the whole transaction and return the car he refuse and said that My wife had to pay 2k as he repair the car . We had made a police report and was referd as civil case and advised us to get seee majistret . at the majistret we we advice to hire a lawyer . So my question is ? does this thing work and would We able to get back our car and what are the cost for the lawyer and How do I identify a Civil lawyer?

A few years ago, my father in law sold his house to his daughter. he asked me to sign as a witness only and without noticing and trusting him as an in law, I signed as guarantor. I did not read or initial all the pages of the agreement as the bank only gave me the last page to sign. I did not see the guarantor agreement at all as it was posted to the borrower together with loan agreement. I only realized when I had the agreement from her last year later. My father in law has past away 3 years ago and his daughter, the borrower, has not been paying the loan at all. She does not want to do anything about it or even want to work. All advise to her were ignored and just wants to enjoy life. The bank even called her but according to their legal rep, she refused to co operate or meet the banking rep to find a solution on the matter. She only wants all correspondence via email. Now I am facing legal actions as a guarantor from the bank. What can or should I?

Dont know if you are still reading thru this blog or yours but I do have a situation with a friend and trying to help her wit her situation. I will call her J.

J has been seperated from her husband for about 1.5yrs. They are not divorced. The husband is currently suing her for about 75K which he says he invested in the house which she bought. The house has already been sold.

J has tried to call him and ask him to settle it amicably but to no avail. As she is still heavily in debt at the moment, she cannot afford to hire a lawyer to represent her.

Since the husband is not willing to settle it outside the court she would like to know what she can do as she does not want to sit back and do nothing.

Can you advise? I will be asking her to call the aid centres that you have listed here.

Most countries do not allow for bigamy. I am not sure if in Nigeria they allow polygamous (more than one spouse) even though the parties are NOT both Muslim.

It is best for you to ask the Marriage Registry in Malaysia what you should do in such a situation, if you wish to register your marriage in Malaysia. Bigamy is an offence to the person who has more than one spouse, ie. to your Nigerian boyfriend.

If you marry him, even though he married another woman, YOU are not guilty of bigamy. You did not commit the offence.

Hi Eddie, a friend of mine just appointed by company named A. she has accepted their offered week ago. In the contract stated that she must report on duty on the date mentioned in the contract else 1 month salary must be pay to the company A.

Few days later, another offered from company B. So, she discussed with company A to terminate the contract earlier. In such situation, does she against any law, act or regulation.

If she join the company A on the date stated in the contract and on the 1st day of duty she resign and giving 1 month notice as stated in the contract, does she consider against any civil act etc?

Hi Eddie, the company A has contacted my friend and would like her to write in an appeal letter to waive the 1 month salary if she don’t want to join them. Should her do that? Will company A taking this letter to take legal action her?

Hello Eddie,
thanks for all the advice you give here! May I ask you a little question too?
I want to terminate my tenancy agreement, do I have to do this by registered mail? Problem is I have only have the landlords email (because he moved overseas) and the address of one of his relatives where I forwarded his mail.
Kind regards
Conny

Hi Eddie, I would like to seek for your advice and hope you could help. The case is this: -

1. I have attended a seminar that organised by an association last year in a 4 star hotel and we have tea break in between. That night, around 8 ~ 9 of us have food poisoning. I was hospitalized for 3 days.

2. I called up the association and the staff asked me to submit my claims. The association helped us to liaise with hotel by submitting all the claims together.

3. Same time, I have also claimed from my insurance company with the help of my agent as I bought my personal medical insurance.

4. After a few months, I was told by the staff that the hotel doesn’t allow me to claim anything because I have claimed from my insurance company.

I think it is unfair to me as I have suffered so much when I was in the hospital. I thought the hotel should at least responsible for the medical fee irrelevant whether we have bought any personal medical insurance. On top of that, the hotel should responsible for the food they served!

Do I still stand any chance to make the claim after almost a year?

In this scenario, in the beginning, should I claim from the association? or from the hotel?

Is it so that if I claimed from my personal medical insurance, the hotel can be totally free of responsibility?

Its urgent. I just want to know let say proceeding begun against the party (ex: summon served) and after party received it he died…but now have personal representative so we should begin with the proceeding from beginning or can continue the proceeding

I am confused of getting a lawyer to represent me in the industrial court. I am getting a lot of different kind of quotations which varies by a lot.

Eg.
1. 1 lawyer charge a flat fee (RM8k) and 20% from winnings
2. 1 lawyer charge a flat fee and progressively depending on the trial. No % from winnings.
3. Trade Union rep which is much cheaper.

I am confused with such a wide range of practice. I am more confident with lawyer 1 but it seems to be extremely expensive. Is it normal to charge so much? In the end after tax and everything I will get very little if I win.

Disclaimer:Eddie Law is currently not involved in legal practise.This Site is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for an in person consultation with a lawyer. Nothing transmitted to or from this Site constitutes the establishment of an lawyer-client relationship between you or any lawyer. Eddie Law shall not be liable for any lost suffered by you as a result of relying on the information herein.